Questions

uspto.gov says "It (a provisional patent)can be filed up to 12 months following the date of first sale, offer for sale, public use, or publication of the invention, whichever occurs first." But I have always heard that if you sell your invention without a patent or post about it online, it immediately becomes part of the public domain, and hence I lose patent rights. Hopefully someone can clear up my confusion?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea. Unfortunately, many companies will not enter an NDA. As such, you may need to get at least a patent application on file to pitch your idea. You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company’s ability to use your idea without paying you for it. Here is a simplified version of how that would work. You approach the company and ask them to enter into a nondisclosure agreement with you. If they sign the NDA, they cannot tell others about the idea. Otherwise, they will breach the contract. If they do tell others without your consent, you can sue them for breach of contract. The NDA stops the company from using your idea without paying you for it. Unfortunately, most sophisticated companies will not enter an NDA with you. For example, Under Armor, New Balance and Coca Cola all take idea submissions from people like you. However, they will not enter an NDA with you. An NDA is an invitation to a lawsuit. Nondisclosure agreements require them to keep things secret. If it even looks like they stole your idea or invention, then they might have a lawsuit on their hands. Because most ideas are not worthwhile, you are required to make your disclosure on a non-confidential basis. You must protect it with a patent or trademark. Fortunately, some companies will sign nondisclosure agreements to hear you out. You can find out by searching for any webpage on their website that describes the idea submission policy like Under Armor. If you cannot find the webpage, do not give up. Lookup people on LinkedIn, etc. who work for the company. Ask them if they can sign a nondisclosure agreement to hear out your idea.
The bottom line is that some companies will sign a nondisclosure agreement, but many will not. So, you are limiting the number of potential buyers of your idea if you do not get a patent or patent-pending status. However, it is possible. If you do not have money for a patent, then your options are limited. You may have to pitch your ideas only to potential buyers that will sign the nondisclosure agreement.
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath


Answered 4 years ago

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